CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1993 WL 10568
...1990), determines survivorship at the moment of the wrongful death. That definition refers to the "decedent's spouse" and to relatives "dependent" on the decedent. Although the period was brief, Mrs. Schindler was the decedent's spouse for some legal purposes. See, e.g., § 732.601, Florida Statutes (1991) (the simultaneous death act); Rimmer v....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 17362
ANSTEAD, Judge. At issue is whether the trial court erred in determining that Frank and Diana Shine died simultaneously for purposes of probate of their respective estates. Under Section 732.601(1), Florida Statutes (1979), when the devise of property depends on the priority of death of two persons and there is insufficient evidence that the persons have died otherwise than simultaneously, the property of each shall pass as if that person had survived....
...ank. However, there was also expert medical testimony presented which indicated that such evidence was inconclusive as to the issue of whether Diana died before Frank or whether they died simultaneously. Under such circumstances and considering that Section 732.601(1) expressly requires the trial court to determine not whether there is any evidence, but rather whether such evidence is sufficient to conclude that there were not simultaneous deaths, we do not believe the trial court erred....
CopyPublished | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 18116, 2011 WL 5554786
...Martha’s adopted son from a prior marriage. Both died as a result of gunshot wounds to the head. Because the coroner was unable to determine which spouse predeceased the other, the probate court deemed their deaths to be simultaneous, pursuant to section 732.601(1), Florida Statutes, 1 and entered *17 an order to that effect in the probate of Mr....
...Because it was judicially determined that Mrs. Hughes predeceased her husband, her interest in the Trust lapsed upon her death. We therefore reverse and remand for entry of summary judgment in favor of appellant. Reversed and Remanded. TAYLOR, HAZOURI, and LEVINE, JJ., concur. . Section 732.601(1), Florida Statutes, states: When title or property or its devolution depends on priority of death and there is insufficient evidence that the persons have died otherwise than simultaneously, the prop *17 erty of each person shall be disposed of as if that person survived. Fla. Stat. § 732.601 (1) (2004).
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 13243, 2011 WL 3696309
...By its clear and unambiguous terms, "unless a contrary intention is indicated in the will," section
732.6005(2) is "subject to" only the limitations expressed in subsection (1), those being "the intention of the testator as expressed in the will," and the "rules of construction" contained in Part VI of chapter 732 (i.e., section
732.601 ("Simultaneous *691 Death Law"), section
732.603 ("Antilapse"), section
732.604 ("Failure of testamentary provision"), section
732.605 ("Change in securities"), section
732.606 ("Nonademption of specific devises"), section
732.607 ("E...
CopyPublished | District Court of Appeal of Florida | 1985 Fla. App. LEXIS 15496, 10 Fla. L. Weekly 1937
...ment in Alvin v. Berry. Anguilano’s representative contends that the phrase “in a common disaster” found in paragraph seven of the will has no legal meaning or effect unless viewed in relation to a simultaneous death situation, consistent with section 732.601, Florida Statutes (1983)....
...raph seven as if it were written, “if a person dies with me in a common disaster or as a result of injuries sustained in a common disaster ... ”, since the decedent intended paragraph seven to modify the provisions of the Simultaneous Death Law, section 732.601, Florida Statutes (1983)....
...*864 thority to be renewable as the division may prescribe by rule, (emphasis supplied). *861 Affirmed. . Even in cases where the order of death cannot be determined the statutory presumption as to the order of death will not control if a disposition of property in a manner inconsistent therewith is provided for. Section 732.601, Florida Statutes (1983), the Simultaneous Death Law, provides: (5) This law shall not apply in the case of wills ......
CopyPublished | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 4666, 2011 WL 1195873
...rior to the execution of the decedent's will. The trial court found the joint ownership of the note and mortgage was severed into *286 equal shares as tenants in common when the deaths of the decedent and his wife were determined to be simultaneous. § 732.601(3), Fla....
